Results: 137

• Payne v Weldless Steel Tube Co Ltd

  27 Oct 1955 [1956] 1 QB 196, CA

  27 Oct 1955 [1955] 3 WLR 771, CA

  Subsequent considerations : 1 positive.
  FACTORY — Floor — Maintenance

  FACT OR LAW — Fact or law.
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  Case index catchwords

  FACTORY — Floor — Maintenance — Depression in floor filled by loose steel plate — Accident to workman — No breach of statutory duty unless floor unsafe — Safety a question of fact — Factories Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 67), ss. 25 (1), 26 (1).

  FACT OR LAW — Fact or law.

  2 Statutes considered

• Poole Corpn v Blake

  28 Oct 1955 [1956] 1 QB 206, DC

  HIGHWAY — Private street works — Improvements by local authority
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  HIGHWAY — Private street works — Improvements by local authority — Surface water drainage system laid down in private street in 1923 — System vested in local authority — Proposed enlargement of system — Apportionment of expense on frontagers — Local authority satisfied or deemed to be satisfied with existing system — Whether local authority empowered to require frontagers to contribute to expense — Private Street Works Act, 1892 (55 & 56 Vict. c. 57), ss. 6, 9 (1).

  1 Statute considered
• North River Freighters Ltd v President of India

  Subsequent considerations : 1 positive. Subsequent citations: 3.
• Postill v East Riding County Council

  06 Jun 1956 [1956] 3 WLR 334, QBD

  06 Jun 1956 [1956] 2 QB 386, DC

  Subsequent considerations : 2 negative. Subsequent citations: 2.
  PLANNING — Town and country planning — Development
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  PLANNING — Town and country planning — Development — Discontinuance — Permission to use field as site for circus — Conditional on use ceasing on September 7, 1952 — User in 1952 ceasing on September 7 — Similar use in subsequent years — Whether use subsequent to 1952 breach of condition — Whether use discontinued on September 7, 1952 — Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), ss. 12 (5) (b), 13 (1), 23 (1) (4) — Town and Country Planning General Development Order, 1950 (S.I. 1950, No. 728), art. 3 (1), Sched. 1, class 4 (2).

  PLANNING — Town and country planning — Development — Discontinuance — Permission to use field as site for circus — Conditional on use ceasing on September 7, 1952 — User in 1952 ceasing on September 7 — Similar use in subsequent years — Whether use subsequent to 1952 breach of condition — Whether use discontinued on September 7, 1952 — Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), ss. 12 (5) (b), 13 (1), 23 (1) (4) — Town and Country Planning General Development Order, 1950 (S.I. 1950, No. 728), art. 3 (1), Sch. I, class 4 (2).

  2 Statutes considered

  2 Statutory Instruments considered

• Regis Property Co Ltd v Redman

  27 Apr 1956 [1956] 2 QB 612, CA

  LANDLORD AND TENANT — Rent restriction — Standard Rent

  LANDLORD AND TENANT — Covenant — Central heating installation
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Standard Rent — Increase — Series of lettings — Transfer to landlord of burden previously borne by tenant — Whether after transfer of burden from tenant to landlord further increases permissible on grant of subsequent tenancies on ground of increased costs — “Previously borne by the tenant” — “Previous terms” — Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (10 & 11 Geo. 5, c. 17), s. 2 (1) (b) (3).

  LANDLORD AND TENANT — Covenant — Central heating installation — Block of flats — Covenant by landlord to supply hot water and central heating — Whether right or privilege known to law — Lease — Conveyance of land — Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), s. 62.

  1 Statute considered
• Amon v Raphael Tuck & Sons Ltd

  19 Dec 1955 [1956] 1 QB 357; [1956] 2 WLR 372, QBD

  Subsequent considerations : 2 positive; 1 neutral; 2 negative. Subsequent citations: 5.
  PRACTICE — Practice and procedure — Parties
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  PRACTICE — Practice and procedure — Parties — Joinder — Application by defendants to add further defendant — Allegationby plaintiff that confidential information made use of in design of a pen — Claim by plaintiff for injunction restraining defendants from making use of information — Claim by third person to be inventor of defendants' pen — Third person's claim to be entitled to minimum royalty from defendants on sales of pen — Whether third person a “necessary” party to the action — R.S.C., Ord. 16, r. 11.

  1 Statutory Instrument considered
• R v Board of Control, Ex parte Rutty

  09 Mar 1956 [1956] 2 WLR 822, QBD

  09 Mar 1956 [1956] 2 QB 109, DC

  Subsequent considerations : 2 neutral. Subsequent citations: 3.
  MENTAL CAPACITY — Mental deficiency — Detention order

  HABEAS CORPUS — Jurisdiction of inferior court to order detention — Power of superior court
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  Case index catchwords

  MENTAL CAPACITY — Mental deficiency — Detention order — Persons subject to — Mental defective living in poor law institution — Not receiving special treatment — Removed to mental institution on the ground of being “found neglected” — “Abandoned” — “Cruelly treated” — Meaning — Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 2 (1) (b) (i).

  HABEAS CORPUS — Jurisdiction of inferior court to order detention — Power of superior court — Return to writ ordered — Court's power to examine truth of facts set out in return — Power to inquire whether there was evidence on which magistrate could make reception order — Mental defective — Reception order — Habeas Corpus Act, 1816 (56 Geo. 3, c. 100), ss. 3, 4.

  2 Statutes considered
• Davison v Apex Scaffolds Ltd

  23 Jan 1956 [1956] 2 WLR 636, CA

  23 Jan 1956 [1956] 1 QB 551, CA

  Subsequent considerations : 1 negative.
  BUILDING — Safety regulations — Scaffold

  BUILDING — Safety regulations — Duty on workman
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  Case index catchwords

  BUILDING — Safety regulations — Scaffold — Defective coupler — Breach of Building regulations by employee — Use by employee of coupler not supplied by employers — Failure of employee to co-operate in carrying out Part II of building regulations — Employers thereby rendered in breach of regulations — Damages — Apportionment — Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948, No. 1145), regs. 4, 7 and 12 — Law Reform (Contributory Negligence) Act, 1945 (8 & 9 Geo. 6, c. 28), ss. 1 and 4.

  BUILDING — Safety regulations — Duty on workman — Whether limited to acts to be done by him specifically — Building (Safety, etc.) Regulations, 1948, reg. 4. Statutory Duty — Contributory negligence.

  BUILDING — Safety regulations — Duty on workman — Whether limited to acts to be done by him specifically — Building (Safety, etc.) Regulations, 1948, reg. 4. — Statutory Duty — Contributory negligence.

  2 Statutes considered

  2 Statutory Instruments considered
• Moore v R Fox & Sons

  20 Dec 1955 [1956] 1 QB 596; [1956] 2 WLR 342, CA

  Subsequent considerations : 2 negative. Subsequent citations: 5.
  NEGLIGENCE — Onus of proof — Res ipsa loquitur

  MASTER AND SERVANT
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  Case index catchwords

  NEGLIGENCE — Onus of proof — Res ipsa loquitur — Inexplicable accident — Whether onus discharged if several possible causes proved consistent with absence of negligence — Proof of negligence.

  MASTER AND SERVANT

• Zbytniewski v Broughton

  20 Jul 1956 [1956] 2 QB 673, CA

  LANDLORD AND TENANT — Rent restriction Possession application — Premises overcrowded
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction Possession application — Premises overcrowded — Notice to quit — Tenant guilty of offence of overcrowding when proceedings started — Tenant not guilty of offence at date of hearing — Whether landlord entitled to possession — Housing Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 51), ss. 59 (3), 61, 65.

  1 Statute considered